§ 7–1703. Smoking restrictions.

(a) Smoking shall be prohibited in the following:

(1) Any elevator, except in a single-family dwelling;

(2) Any public selling area of a retail store, except in a tobacco shop or store primarily concerned with selling tobacco and smoking equipment;

(3) Any public assembly or hearing room which is owned or leased by any branch, agency, or instrumentality of the District of Columbia government; this subsection shall not apply to the District of Columbia National Guard Armory ;

(4) Any educational facility except as provided in § 7-1702(1A);

(5) While transporting passengers within the corporate limits of the District of Columbia, any passenger vehicle owned or operated by the District of Columbia government, or any passenger vehicle for hire regulated under § 47-2829;

(6) Any area of a health care facility frequented by the general public, including hallways, waiting rooms and lobbies. The operator of a health care facility may designate separate areas as smoking areas.

(A) When a health care facility permits patients to smoke in bed space areas, such facility shall make a reasonable effort to determine a patient’s individual nonsmoking or smoking preference and assign patients who are to be placed in bed space areas utilized by 2 or more patients to a bed space area with patients who have a similar smoking preference.

(B) Hospital staff, visitors and the general public shall not smoke in bed space areas utilized by nonsmoking patients. “No Smoking” signs shall be conspicuously posted in such bed space areas.

(7) Any restaurant except as permitted in § 7-1703.01.

(8) Any public or private workplace, except as provided in § 7-1703.02.

(9) In a playground or public recreational facility or while sitting or standing within 25 feet of the property line of a playground or public recreational facility when another person is present; provided, that the following shall be exempt from this prohibition:

(A) Smoking or using tobacco on residential property that is located within 25 feet of a playground or public recreational facility; and

(B) Smoking or using tobacco in places enumerated in section 2015.1 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2105.1) that are located within 25 feet of a playground or public recreational facility.

(10) In a bus stop or while sitting or standing within 25 feet of a posted bus stop sign located at any bus stop controlled or maintained by the District when another person is present; provided, that the following shall be exempt from this prohibition:

(A) Smoking or using tobacco on residential property that is located within 25 feet of a bus stop sign posted at a bus stop controlled or maintained by the District; and

(b) The use of tobacco products shall be prohibited at event sites for organized sporting events at all times, regardless of their present use.

(Sept. 28, 1979, D.C. Law 3-22, § 4, 26 DCR 390; Mar. 29, 1988, D.C. Law 7-100, § 2(c), 35 DCR 1182; May 2, 1991, D.C. Law 8-262, § 2(a), 37 DCR 8434; Apr. 23, 2013, D.C. Law 19-270, § 4, 60 DCR 1717; Dec. 13, 2013, D.C. Law 20-48, § 2(b), 60 DCR 15145; Feb. 18, 2017, D.C. Law 21-194, § 2(c), 63 DCR 15012.)

Prior Codifications

1981 Ed., § 6-913.

1973 Ed., § 6-823.

Effect of Amendments

The 2013 amendment by D.C. Law 19-270 deleted “except that smoking with the prior consent of all occupants of the vehicle shall be permitted when the vehicle is a limousine” following “under § 47-2829” in (5).

The 2013 amendment by D.C. Law 20-48 added (9) and (10).

Cross References

For additional restrictions on smoking in all places of employment and enclosed public areas, see § 7-741 et seq.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 19-270, § 5, see § 7017 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) repeal of D.C. Law 19-270, § 5, see 7017 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-48, § 4, see § 7007 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

For complete smoking ban in all places of employment and public places, see § 7-742.

Section 5 of D.C. Law 19-270 provided that the shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 2(b) of D.C. Law 20-48 would have added (9) and (10).

Applicability of D.C. Law 20-48: Section 4 of D.C. Law 20-48 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7017 of D.C. Law 20-61 repealed D.C. Law 19-270, § 5.

Section 4 of D.C. Law 20-48 was repealed by D.C. Law 20-155, § 7007.

Delegation of Authority

Delegation of authority under D.C. Law 3-22, the District of Columbia Smoking Restriction Act of 1979, see Mayor’s Order 90-192, December 13, 1990.